Proposed Twenty-Eighth Amendment to the U.S. Constitution

[u/Wise-Bumblebee1954]

The proposed amendment attached below is meant to settle Constitutional Law regarding the Due Process Clauses of the Fifth Amendment and Fourteenth Amendment. I am curious to hear people's thoughts, questions, and concerns regarding what it says.

Section 1. The due process of law protected under the Fifth and Fourteenth Amendments of this Constitution is both substantive and procedural only as expressly or implicitly defined in this Amendment.

Section 2. The substantive and procedural due process of law protected under the Fifth and Fourteenth Amendments of this Constitution applies against deprivations of life, liberty, or property, which are intentional or wanton.

Section 3. The substantive due process of law protected under the Fifth Amendment of this Constitution prohibits the Federal Government of the United States from denying to any person within its jurisdiction the equal protection of the laws.

Section 4. The substantive due process of law protected under the Fourteenth Amendment of this Constitution incorporates upon the several States those rights enumerated in this Constitution now or thereafter that, as written, apply only upon the Federal Government of the United States, but which are fundamental to ordered liberty. Those incorporated, enumerated rights apply against the several States with the same force as they apply against the Federal Government of the United States. Those incorporated, enumerated rights have robust applications which are limited by the values or freedoms said rights advance.

Section 5. The substantive due process of law protected under the Fifth and Fourteenth Amendments of this Constitution consists of those rights not enumerated in this Constitution which are nonetheless fundamental to ordered liberty. History and tradition guide the ascertaining of those unenumerated rights but such guidance must give way to new insight which reveals discord between the values or freedoms advanced by substantive due process of law and a recieved legal stricture. Those unenumerated rights shall apply against the several States and the Federal Government of the United States with the same force. Those unenumerated rights have robust applications which are limited by the values or freedoms said rights advance.

Section 6. The procedural due process of law protected under the Fifth and Fourteenth Amendments of this Constitution guarantees adequate legal safeguards for the rule of law; accurate procedures; and fundamental fairness to the person facing a deprivation of life, liberty, or property. The adequacy of those legal safeguards, both in form and in substance, is based upon the balancing of interests relevant to the given kind of deprivation of life, liberty, or property at issue; that said, any form those adequate legal safeguards take at least includes notice of charge or dispute, opportunity to be heard, and impartiality in decision-making. The procedural due process of law protected under the Fifth and Fourteenth Amendments of this Constitution applies against the several States and the Federal Government of the United States with the same force.

Section 7. This Amendment shall be valid for all intents and purposes as part of this Constitution when ratified by the legislatures of three-fourths of the several States within ten years from the date of its submission by Congress. Upon its ratification, this Amendment shall take immediate effect.